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HomeMy WebLinkAbout4635-08/11/2003 INDEX. BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 0 4 22466 PROOF FILED FOR RECORD JAN 22 , 2004 ,AT 10:00 A M. FEE 1-25.0.0/ - 5.00/ COMPARED, 6;c�:�6;a �siBLACK HAWK COUNTY RECORDER CITY OF WATERLOO ATTN NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4635 AN ORDINANCE AMENDING WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY ADDING PART XIII , "C-P" PLANNED COMMERCIAL DISTRICT, INCLUDING SECTION 2A-29B, GENERAL REGULATIONS, AND SECTION 2A-29C, BULK REGULATIONS . BE IT ORDAINED BY THE City Council of the City of Waterloo, Iowa : That Part XIII , "C-P" Planned Commercial District, including Section 2A-29B, General Regulations, and Section 2A-29C, Bulk Regulations, is hereby added to Waterloo Zoning Ordinance No . 2479, as amended, as follows : PART XIII "C-P" PLANNED COMMERCIAL DISTRICT 2A-29B_ GENERAL REGULATIONS A. Intent The "C-P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of this section that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. The ideals of the Planned Commercial District stem from the Mixed Use Commercial categorization on the Future Land Use Map contained within the City of Waterloo Comprehensive Plan. The areas designated for Mixed Use Commercial work to direct such developments into areas of transition from commercial to residential, based on current developments. The compatibly designed commercial uses allowed in the C-1 or C-2 Districts may be specifically and selectively authorized by the City Council upon recommendation of the Planning, Programming Zoning Commission, except that no commercial uses will be allowed which appear detrimental to the intent of this district or the essential character of the neighborhood. Commercial uses will be compatibly designed to blend in with the built or planned environment and shall incorporate the following elements into their design: building facade, landscaping, signage, screening, and site orientation and layout. Special attention will be paid to outside storage and whether it is limited, screened, or nonexistent. This shall not be deemed all inclusive and specific uses may require other elements for consideration. Furthermore, the failure to produce an aesthetically compatible site design and layout may result in a specific lot location within the district for such uses, to screen the site appearance from the traveled way or residential, or denial in the use. B. Uses Permitted. 1. Any uses permitted in the R-4 District 2. Any use permitted in the C-1 or C-2 Districts that is compatibly designed and deemed an appropriate commercial use to the surrounding development. Ordinance No. 4635 Page 2 Compatibly designed commercial uses shall include,but not be limited to, screening and buffering from residential uses, shall be oriented for and designed for efficient traffic flow to major thoroughfares, shall have limited outside storage of materials, and lighting, signage, and shall have building designs that compliment surrounding development. Each site would be evaluated on an individual basis for these criteria of compatibility. If staff feels that such a commercial use is compatibly designed, it shall approve the request through staff administrative review. If staff feels that such a change does not meet these criteria, the request would need to go back to the Planning Commission and City Council for a formal site plan review process. The Planning Commission and City Council shall review the request as described in the Intent of this section. C. Procedure. Whenever any application for a "C-P" Planned Commercial District as an amendment to the Zoning Ordinance is submitted for a particular development, the following procedure shall be utilized to facilitate said amendment: 1. The owner or owners of any tract of land comprising an area of not less than two (2) acres may submit a petition requesting to change to the "C-P" Planned Commercial District classification. 2. Three (3) copies of the proposed development plan, with planned uses, shall be submitted and referred to the Planning, Programming and Zoning Commission for review and report. The Commission shall then review the proposed development for conformity with the standards of the Comprehensive Plan and with recognized principles of civic design,land use planning and landscape architecture. 3. The Commission may require, in the absence of an appropriate physical barrier along the project boundary, that uses not be in conflict with those allowed in adjoining property or a buffer of open space and/or screening be arranged along the borders of the project. 4. After notice and a public hearing, the Commission may recommend approval or disapproval of the development plan and zoning petition as submitted or require that the petitioner amend the plan to preserve the intent and purpose of this ordinance to promote public health,safety and general welfare. 5. The development plan and zoning petition as recommended by the Commission shall then be reported to the City Council, whereupon the City Council, after notice and a public hearing, may approve or disapprove said plan and zoning petition as reported or may require such changes thereto as it deems necessary to achieve the intent and purpose of this ordinance. 6. Required Documents-Site Development Plan a. A site analysis showing a review of topography patterns, existing vegetation, sanitary sewer and water service,and major street connections. b. A scaled drawing showing the location of: 1. Overall site layout with areas designated for differing uses. 2. Preliminary street layout with pedestrian amenities and overall conceptual drainage plan. This should include connections to abutting streets to proposed development site as well as proposed internal streets. A plan for pedestrian movements, trails and/or sidewalk systems, should be either required or non- required in their entirety to ensure no gaps are created through individual site development. 3. Required peripheral yards. 4. Proposed development stages and timing, if deemed necessary by staff 5. Traffic analysis,if determined necessary by City Traffic Engineer 6. Name of property owner or owners, legal description of the property, point of compass, scale and date. Ordinance No. 4635 Page 3 c. The original site plan detailing proposed development shall be reviewed by the Planning Commission for review and recommendation to the City Council, where a public hearing would be required. The City Council reserves the right to add conditions as deemed necessary to preserve the intent of this district. 7. Site Plan Amendments a. Major Any change in the site plan deemed to be substantial after the Council has approved the plan shall be resubmitted and considered in the same manner as the original site plan. The site plan shall be prepared in accordance with Part C (Procedure) of this Section. Examples of major changes include, but are not limited to the following: changes in classification of land as assigned on the approved site development plan, the exterior street connections or major traffic changes. . Permitted uses may go through the minor approval process as long as they are similar to the type of use originally proposed for the development plan, and are compatibly designed in relation to surrounding uses. If staff feels such a site is not compatibly designed, it shall refer the site plan to City Council. If the City Council determines that the magnitude of such a change is significant in nature, a public hearing may be required, which would go back to the Planning Commission for review and recommendation. Similarity shall be defined as a permitted use in the same zoning classification as originally listed in the Zoning Ordinance (R-1, R-2, R-3,etc.). b. Minor A site plan shall be prepared in accordance with Part C (Procedure) of this section for any alteration to a site plan located in a "C-P" Planned Commercial District. Minor site plan amendments shall be administratively reviewed by Planning and Zoning Staff. If staff feels that such a change is significant in nature, it may submit the proposal to the City Council for its review and approval. If the City Council determines that the magnitude of such a change is significant in nature, a public hearing may be required. Examples of minor changes include, but are not limited to the following: The location, construction, replacement or change in type of signage; change in use of a site to another use classified in the same zoning district; or change in individual site access. Multiple pole signs on a single site will be considered as a major change, as described under D7 of this section. D. Standards. 1. All dedicated streets, sanitary sewers and storm sewers shall be subject to the approval of the City Engineer. Storm water detention facilities should be aesthetically designed, if possible, to blend into site and avoid uses such as rip rap, fencing,etc. that may detract from the intent of the district. 2. No building permit for any building or other structure within the development shall be issued until the final development plan, or amendment thereto, is approved by the City Council. 3. The parking requirements of the Zoning Ordinance shall apply to all developments, except the City Council may, after recommendation from the Planning Commission, alter those requirements to preserve the intent and purpose of this Ordinance. 4. The landscaping requirements of the district shall be considered under Alternative Compliance to create a common plan/theme for the entire district. 5. The minimum yard requirements of the zoning district in which the development is located shall not apply except that the required yard, around the perimeter, shall be compatible and/or similar to adjacent properties provided around the boundary of the development. However, the Commission and City Council may require additional setbacks or other requirements if needed. Ordinance No. 4635 Page 4 6. The maximum building height within the development boundaries shall not exceed the maximum height regulations of the zoning district in which it is listed as a permitted use. Exceptions to this requirement may be allowed for development projects/sites that are at least one hundred (100) feet from the development boundaries. Such a request to alter these requirements would be reviewed by the City Council after recommendation from the Planning, Programming and Zoning Commission. 7. The signs shall be in accordance with the sign regulations for the C-2 District. A common type or design of signage should be noted on the overall plan, although individual sign permits will still be evaluated for size and location. Additional pole signs or monuments signs, beyond the first, shall be required to go through a major change. E. Deed Restrictions The Planning, Programming and Zoning Commission and/or City Council may consider any deed restrictions or covenants entered into or contracted by the developer concerning the use of common land or permanent open spaces. Common land as herein contained shall refer to land retained in private ownership but intended for the mutual use of businesses of the development. Examples of this include,but are not limited to, shared parking areas, shared storm water retention designs, etc. F. Commencement and Completion. The Council may condition the approval of the site plan upon the developer commencing construction on the first phase of the development plan within two (2) years and contingent upon completion of construction and improvements within a reasonable period of time after Council approval. In determining such time period, the Council shall consider the scope and magnitude of the development. Failure to meet these requirements shall be deemed sufficient cause for the Council, in accordance with the provisions of this ordinance to rezone the subject property to the zoning classification effective at the time of the original submittal of the petition unless an extension is approved by the Council for due cause shown after recommendation by the Planning, Programming and Zoning Commission. G. Land Usage The land usage, minimum lot area, yard height, and accessory uses shall be determined by the requirements set out in this Section, which shall prevail over conflicting requirements of this ordinance or the subdivision ordinance. H. Platting Required If a final plat, as defined and required by the Subdivision Ordinance,has been approved and recorded, the site development plan does not need to be recorded unless contradictory to the recorded final plat. If a final plat has not been approved and recorded on any part or portion of the development, the platting procedure must be followed in accordance with the City of Waterloo Subdivision Ordinance No. 2979 on all portions or parts not platted. The site development plan can be resubmitted as a preliminary plat if it meets the preliminary plat requirements. This does not prohibit the platting and development of land within an approved area of the approved district in a phased manner. 2A-29C. BULK REGULATIONS. The following minimum requirements shall be observed subject to the modified requirements contained in Section 2A-48: Ordinance No . 4635 Page 5 "C-P" PLANNED COMMERCIAL DISTRICT(4) SIDE YARD WIDTHS USE LOT LOT LOT AREA PER FRONT YARD LEAST WIDTH ON REAR MAXIMUM AREA WIDTH FAMILY DEPTHS() ANY ONE SIDE YARD HEIGHT& DEPTHS LOT COVERAGE Residential The requirements of the R-4 District shall serve as a guide,except that density requirements will be allowed as per D6 of Uses the Standards section of the R-P Planned Residence District. Otherwise see the Standards section of this district. Commercial No No No Minimum 20'or as determined Same as"C-1"Districto) 20'(3) No maximums, Uses Minimum Minimum to be compatibly subject to staff designed. This will approval when allow potential zero utilizing zero lot lot line developments line or lesser to design buildings to setback the front,where advantages of appropriate,and Planed District. have parking to rear. (2) 1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 2) Any commercial use may be built to the nearest front yard depth(from the street right-of-way to the structure)that was legally established prior to this ordinance. This setback would apply to all structures on the same side of the street between two(2) intersecting streets. This includes only buildings addressed and/or having their front yard setback facing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. 3) For every additional foot the front yard depth is increased over twenty(20)feet,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than eight(8)feet. 4) Nothing in these requirements will negate the screening and/or buffering requirements for a development abutting or adjacent to a C-P District as required elsewhere in this ordinance. INTRODUCED : August 11, 2003 PASSED 1st CONSIDERATION: August 11, 2003 PASSED 2nd CONSIDERATION: August 11, 2003 PASSED 3rd CONSIDERATION: August 11, 2003 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 11th day of August, 2003 , and approved by the Mayor on the 13th day of August, 2003 . 411John i� � goof , Mayor ATTEST: Sia4.,4" Nancy Eck t, City Clerk CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No . 4635 as passed and adopted by the Council of the City of Waterloo, Iowa, on the llth day of August, 2003 . Witness my hand and seal of office this 13th day of August, 2003 . . SEAL . Nancy Ecke , City Clerk